|
| |
|
(5) | In subsection (4) of that section in paragraphs (a) and (b), for “seventeen” |
| |
| |
(6) | In the table in Part 1 of Schedule 6 (punishment)— |
| |
(a) | in the entry for section 22(1), in the second column, at the end insert “or |
| |
person under 18 acquiring air weapon”; |
| 5 |
(b) | in the entry for section 22(4), in the second column, for “17” substitute |
| |
| |
(c) | in the entry for section 24(1), in the second column, at the end insert “or |
| |
an air weapon to a person under 18”; |
| |
(d) | in the entry for section 24(4), in the second column, for “17” substitute |
| 10 |
| |
27 | Firing an air weapon beyond premises |
| |
(1) | The 1968 Act is amended as follows. |
| |
(2) | After section 21 (possession of firearms by persons previously convicted of |
| |
| 15 |
“21A | Firing an air weapon beyond premises |
| |
A person commits an offence if— |
| |
(a) | he has with him an air weapon on any premises; and |
| |
(b) | he uses it for firing a missile beyond those premises.” |
| |
(3) | In section 23 (exceptions from section 22(4))— |
| 20 |
(a) | in subsection (1), for paragraphs (a) and (b) substitute “for the person |
| |
under whose supervision he is to allow him to use it for firing any |
| |
missile beyond those premises.”; |
| |
| |
(4) | In the table in Part 1 of Schedule 6 (punishment), after the entry for section |
| 25 |
| |
|
(5) | In that table, in the entry for section 23(1), for the words in the second column |
| |
substitute “Person supervising a person under 17 and allowing him to make |
| |
improper use of air weapon”. |
| |
(6) | In Part 2 of that Schedule (supplementary)— |
| 35 |
(a) | in paragraph 7, after “under section” insert “21A,”; |
| |
(b) | in paragraph 8, after “under section” insert “21A,”. |
| |
28 | Restriction on sale and purchase of primers |
| |
(1) | This section applies to a primer that is capable of being comprised in |
| |
ammunition for a firearm. |
| 40 |
|
| |
|
| |
|
(2) | It is an offence for a person to sell to another either— |
| |
(a) | a primer to which this section applies, |
| |
(b) | anything which is not itself ammunition for a firearm but contains such |
| |
| |
| unless that other person falls within subsection (3). |
| 5 |
(3) | A person falls within this subsection if— |
| |
(a) | he is a registered firearms dealer; |
| |
(b) | he sells by way of any trade or business either primers or things in |
| |
which they are contained, or both; |
| |
(c) | he produces a certificate authorising him to possess a firearm of the |
| 10 |
| |
(d) | he produces a certificate authorising him to possess ammunition for a |
| |
| |
(e) | he shows that he is entitled, by virtue of the 1968 Act, the Firearms |
| |
(Amendment) Act 1988 (c. 45) or any other enactment, to have |
| 15 |
possession of a firearm of the relevant kind, or of such ammunition, |
| |
without a certificate; or |
| |
(f) | he produces a certificate authorising another person to have possession |
| |
of such a firearm, or of such ammunition, together with that other |
| |
person’s authority to purchase the primer or other thing on his behalf. |
| 20 |
(4) | It is an offence for a person to buy or to attempt to buy— |
| |
(a) | a primer to which this section applies, or |
| |
(b) | anything which is not itself ammunition for a firearm but contains such |
| |
| |
| unless he falls within subsection (5). |
| 25 |
(5) | A person falls within this subsection if— |
| |
(a) | he is a registered firearms dealer; |
| |
(b) | he sells by way of any trade or business either primers or things in |
| |
which they are contained, or both; |
| |
(c) | he holds a certificate authorising him to possess a firearm of the |
| 30 |
| |
(d) | he holds a certificate authorising him to possess ammunition for a |
| |
| |
(e) | he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act |
| |
1988 or any other enactment, to have possession of a firearm of the |
| 35 |
relevant kind, or of such ammunition, without a certificate; or |
| |
(f) | he is in possession of a certificate authorising another person to have |
| |
possession of such a firearm, or of such ammunition, and has that other |
| |
person’s authority to purchase the primer or other thing on his behalf. |
| |
(6) | An offence under this section shall be punishable, on summary conviction— |
| 40 |
(a) | in England and Wales, with imprisonment for a term not exceeding 51 |
| |
weeks or with a fine not exceeding level 5 on the standard scale, or with |
| |
| |
(b) | in Scotland, with imprisonment for a term not exceeding 6 months or |
| |
with a fine not exceeding level 5 on the standard scale, or with both. |
| 45 |
(7) | In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this |
| |
section to 51 weeks is to be read as a reference to 6 months. |
| |
|
| |
|
| |
|
(8) | For the purposes of this section a firearm is of a relevant kind in relation to a |
| |
sale or purchase if ammunition capable of being used with that firearm |
| |
contains, or may contain, primers of the same description as the primer to |
| |
which the sale or purchase relates or (as the case may be) as the primer |
| |
contained in the thing to which it relates. |
| 5 |
(9) | In this section “enactment” includes an enactment passed after the passing of |
| |
| |
29 | Restriction on sale and purchase of ammunition loading presses |
| |
(1) | It is an offence for a person to sell an ammunition loading press to another |
| |
unless that other person falls within subsection (2). |
| 10 |
(2) | A person falls within this subsection if— |
| |
(a) | he is a registered firearms dealer; |
| |
(b) | he sells ammunition loading presses by way of any trade or business; |
| |
(c) | he produces a certificate authorising him to possess a firearm; |
| |
(d) | he produces a certificate authorising him to possess ammunition for a |
| 15 |
| |
(e) | he shows that he is entitled, by virtue of the 1968 Act, the Firearms |
| |
(Amendment) Act 1988 (c. 45) or any other enactment, to have |
| |
possession of a firearm, or of such ammunition, without a certificate; or |
| |
(f) | he produces a certificate authorising another person to have possession |
| 20 |
of a firearm, or of such ammunition, together with that other person’s |
| |
authority to purchase the ammunition loading press on his behalf. |
| |
(3) | It is an offence for a person to buy or to attempt to buy an ammunition loading |
| |
press unless he falls within subsection (4). |
| |
(4) | A person falls within this subsection if— |
| 25 |
(a) | he is a registered firearms dealer; |
| |
(b) | he sells ammunition loading presses by way of any trade or business; |
| |
(c) | he holds a certificate authorising him to possess a firearm; |
| |
(d) | he holds a certificate authorising him to possess ammunition for a |
| |
| 30 |
(e) | he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act |
| |
1988 or any other enactment, to have possession of a firearm, or of such |
| |
ammunition, without a certificate; or |
| |
(f) | he is in possession of a certificate authorising another person to have |
| |
possession of a firearm, or of such ammunition, and has that other |
| 35 |
person’s authority to purchase the ammunition loading press on his |
| |
| |
(5) | An offence under this section shall be punishable, on summary conviction— |
| |
(a) | in England and Wales, with imprisonment for a term not exceeding 51 |
| |
weeks or with a fine not exceeding level 5 on the standard scale, or with |
| 40 |
| |
(b) | in Scotland, with imprisonment for a term not exceeding 6 months or |
| |
with a fine not exceeding level 5 on the standard scale, or with both. |
| |
(6) | In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(a) of this |
| 45 |
section to 51 weeks is to be read as a reference to 6 months. |
| |
|
| |
|
| |
|
| |
“ammunition loading press” includes ammunition loading die; |
| |
“enactment” includes an enactment passed after the passing of this Act. |
| |
| |
30 | Manufacture, import and sale of realistic imitation firearms |
| 5 |
(1) | A person is guilty of an offence if— |
| |
(a) | he manufactures a realistic imitation firearm; |
| |
(b) | he modifies a firearm or an imitation firearm so that it becomes a |
| |
realistic imitation firearm; |
| |
(c) | he sells a realistic imitation firearm; or |
| 10 |
(d) | he brings a realistic imitation firearm into Great Britain or causes one to |
| |
be brought into Great Britain. |
| |
(2) | The Secretary of State may by regulations— |
| |
(a) | provide for exceptions and exemptions from the offence under |
| |
| 15 |
(b) | provide for it to be a defence in proceedings for such an offence to show |
| |
the matters specified or described in the regulations. |
| |
(3) | Regulations under subsection (2) may— |
| |
(a) | frame any exception, exemption or defence by reference to an approval |
| |
or consent given in accordance with the regulations; |
| 20 |
(b) | provide for approvals and consents to be given in relation to particular |
| |
cases or in relation to such descriptions of case as may be specified or |
| |
described in the regulations; and |
| |
(c) | confer the function of giving approvals or consents on such persons |
| |
specified or described in the regulations as the Secretary of State thinks |
| 25 |
| |
(4) | The power of the Secretary of State to make regulations under subsection (2) |
| |
shall be exercisable by statutory instrument subject to annulment in pursuance |
| |
of a resolution of either House of Parliament. |
| |
(5) | That power includes power— |
| 30 |
(a) | to make different provision for different cases; |
| |
(b) | to make provision subject to such exemptions and exceptions as the |
| |
Secretary of State thinks fit; and |
| |
(c) | to make such incidental, supplemental, consequential and transitional |
| |
provision as he thinks fit. |
| 35 |
(6) | An offence under this section shall be punishable, on summary conviction— |
| |
(a) | in England and Wales, with imprisonment for a term not exceeding 51 |
| |
weeks or with a fine not exceeding level 5 on the standard scale, or with |
| |
| |
(b) | in Scotland, with imprisonment for a term not exceeding 6 months or |
| 40 |
with a fine not exceeding level 5 on the standard scale, or with both. |
| |
(7) | In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this |
| |
section to 51 weeks is to be read as a reference to 6 months. |
| |
|
| |
|
| |
|
(8) | In this section “realistic imitation firearm” means an imitation firearm whose |
| |
appearance is so realistic as to make it indistinguishable, for all practical |
| |
| |
(a) | a firearm of an existing make or model; or |
| |
(b) | a firearm falling within a description that applies to an existing |
| 5 |
category of firearms which, even though they include firearms of |
| |
different makes or models or both, all have the same or a similar |
| |
| |
(9) | For the purposes of subsection (8) an imitation firearm is not to be regarded as |
| |
distinguishable from a firearm for any practical purpose if it could be so |
| 10 |
| |
| |
(b) | on a close examination; or |
| |
(c) | as a result of an attempt to load or to fire it. |
| |
31 | Specification for imitation firearms |
| 15 |
(1) | The Secretary of State may by regulations make provision requiring imitation |
| |
firearms to conform to specifications which are— |
| |
(a) | set out in the regulations; or |
| |
(b) | approved by such persons and in such manner as may be so set out. |
| |
(2) | A person is guilty of an offence if— |
| 20 |
(a) | he manufactures an imitation firearm which does not conform to the |
| |
specifications required of it by regulations under this section; |
| |
(b) | he modifies an imitation firearm so that it ceases to conform to the |
| |
specifications so required of it; |
| |
(c) | he modifies a firearm to create an imitation firearm that does not |
| 25 |
conform to the specifications so required of it; or |
| |
(d) | he brings an imitation firearm which does not conform to the |
| |
specifications so required of it into Great Britain or causes such an |
| |
imitation firearm to be brought into Great Britain. |
| |
(3) | An offence under this section shall be punishable, on summary conviction— |
| 30 |
(a) | in England and Wales, with imprisonment for a term not exceeding 51 |
| |
weeks or with a fine not exceeding level 5 on the standard scale, or with |
| |
| |
(b) | in Scotland, with imprisonment for a term not exceeding 6 months or |
| |
with a fine not exceeding level 5 on the standard scale, or with both. |
| 35 |
(4) | In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this |
| |
section to 51 weeks is to be read as a reference to 6 months. |
| |
(5) | Regulations under this section may provide that, in proceedings for an offence |
| |
under this section, it is to be presumed, unless the contrary is proved, that an |
| 40 |
imitation firearm conforms to the required specification if it, or the description |
| |
of imitation firearms to which it belongs, has been certified as so conforming |
| |
| |
(a) | specified in the regulations; or |
| |
(b) | determined for the purpose in accordance with provisions contained in |
| 45 |
| |
|
| |
|
| |
|
(6) | The power of the Secretary of State to make regulations under this section shall |
| |
be exercisable by statutory instrument subject to annulment in pursuance of a |
| |
resolution of either House of Parliament. |
| |
(7) | That power includes power— |
| |
(a) | to make different provision for different cases; |
| 5 |
(b) | to make provision subject to such exemptions and exceptions as the |
| |
Secretary of State thinks fit; and |
| |
(c) | to make such incidental, supplemental, consequential and transitional |
| |
provision as he thinks fit. |
| |
32 | Supplying imitation firearms to minors |
| 10 |
(1) | After section 24 of the 1968 Act insert— |
| |
“24A | Supplying imitation firearms to minors |
| |
(1) | It is an offence for a person under the age of eighteen to purchase an |
| |
| |
(2) | It is a offence to sell an imitation firearm to a person under the age of |
| 15 |
| |
(3) | In proceedings for an offence under subsection (2) it is a defence to |
| |
show that the person charged with the offence— |
| |
(a) | believed the other person to be aged eighteen or over; and |
| |
(b) | had reasonable ground for that belief. |
| 20 |
(4) | For the purposes of this section a person shall be taken to have shown |
| |
the matters specified in subsection (3) if— |
| |
(a) | sufficient evidence of those matters is adduced to raise an issue |
| |
with respect to them; and |
| |
(b) | the contrary is not proved beyond a reasonable doubt.” |
| 25 |
(2) | In the table in Part 1 of Schedule 6 (punishment), after the entry for section |
| |
| |
|
(3) | In relation to an offence committed in England and Wales before the |
| |
commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the |
| |
|
| |
|
| |
|
reference to 51 weeks in the entry inserted by subsection (2) of this section is to |
| |
be read as a reference to 6 months. |
| |
33 | Increase of maximum sentence for possessing an imitation firearm |
| |
(1) | In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act |
| |
(mode of trial and punishment of possession of firearm or imitation firearm in |
| 5 |
| |
(a) | in paragraph (b) of column 3 (offence to be triable either way except in |
| |
the case of an imitation firearm or air weapon), omit the words “in the |
| |
case of an imitation firearm or”; and |
| |
(b) | in column 4, for “7 years or a fine; or both” substitute— |
| 10 |
“(i) | if the weapon is an imitation firearm, |
| |
12 months or a fine, or both; |
| |
(ii) | in any other case, 7 years or a fine, or |
| |
| |
(2) | An offence in England and Wales under section 19 of the 1968 Act in respect of |
| 15 |
an imitation firearm which is triable either way by virtue of this section is to be |
| |
| |
(a) | as an offence to which section 282(3) of the Criminal Justice Act 2003 |
| |
(c. 44) (increase of maximum sentence on conviction of an either way |
| |
| 20 |
(b) | as not being an offence to which section 281(5) of that Act (increase of |
| |
maximum sentence on conviction of a summary only offence) applies. |
| |
| |
(a) | applies only to offences committed after the commencement of this |
| |
| 25 |
(b) | so far as it relates to subsection (3) of section 282 of the Criminal Justice |
| |
Act 2003 or subsection (5) of section 281 of that Act, does not have effect |
| |
in relation to offences committed before the commencement of that |
| |
| |
| 30 |
34 | Sale etc. of knives and other weapons |
| |
(1) | The Criminal Justice Act 1988 (c. 33) is amended as follows. |
| |
(2) | In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen), |
| |
for “sixteen” substitute “eighteen”. |
| |
(3) | In subsections (5), (8) and (9) of section 141 (defences relating to museums and |
| 35 |
galleries to offence of manufacture, sale etc. of prescribed weapons), for |
| |
“prove” substitute “show”. |
| |
(4) | After subsection (11) of that section insert— |
| |
“(11A) | It shall be a defence for a person charged in respect of conduct of his |
| |
relating to a weapon to which this section applies— |
| 40 |
(a) | with an offence under subsection (1) above, or |
| |
(b) | with an offence under section 50(2) or (3) of the Customs and |
| |
Excise Management Act 1979, |
| |
|
| |
|